NAREN DAS,GUWAHATI vs. ITO W-1(2), GUWAHATI, GUWAHATI

ITA 364/GTY/2026Status: DisposedITAT Guwahati24 August 2026AY 2016-1711 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal before the CIT(A), finding the assessee's explanation for the delay to be sufficient. The order of the CIT(A) was set aside, and the appeal was restored to the CIT(A) for adjudication on merits.

What were the facts?

The assessee sold immovable property for ₹49,60,000, but the stamp duty valuation was ₹93,00,000. The AO made an addition of ₹59,67,500 under section 56(2)(x) after the DVO estimated the property cost higher. The CIT(A) dismissed the assessee's appeal due to a delay of 119 days.

What were the issues?

Whether the delay in filing the appeal before the CIT(A) was sufficiently explained and should be condoned. Whether the addition made by the AO under section 56(2)(x) was justified.

Which sections of the Income-tax Act were involved?

Section 56(2)(x),Section 147,Section 144B,Section 250,Section 249(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, GUWAHATI ‘DB’ BENCH AT KOLKATA

Before: SHRI YOGESH KUMAR US & SHRI RAKESH MISHRA

PER RAKESH MISHRA, ACCOUNTANT MEMBER:

This appeal filed by the assessee is against the order of the Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as Ld. 'CIT(A)'] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') for AY 2016-17 dated 22.01.2026. 1.1 The Registry has informed that the appeal is barred by limitation by 76 days. The assessee has filed an affidavit along with a petition for condonation of delay explaining the reasons that all requisite documents along with the co

The order continues below.

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